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Gordium Innovations LLC

Gordium Innovations LLC

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01499-UNA: Gordium Innovations LLC. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l92k for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01499-UNA: Gordium Innovations LLC. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l92k for more info.

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Published by: PriorSmart on Aug 29, 2013
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07/08/2014

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWARE
GORDIUM INNOVATIONS LLC,Plaintiff,v.STANDARD MICROSYSTEMSCORPORATION,Defendant.Civil Action No.JURY TRIAL DEMANDED
PLAINTIFF GORDIUM INNOVATIONS LLC’S ORIGINAL COMPLAINTFOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL
Plaintiff Gordium Innovations LLC (“Gordium” or “Plaintiff”), for its Complaint againstdefendant Standard Microsystems Corporation (“Defendant”), alleges the following:
NATURE OF THE ACTION
1.
 
This is an action for patent infringement arising under the Patent Laws of theUnited States, 35 U.S.C. §§ 1,
et seq
.
THE PARTIES
2.
 
Plaintiff Gordium is a limited liability company organized under the laws of theState of Texas with its principal place of business at 106 Fannin Avenue, Round Rock, TX78664-5219.3.
 
Upon information and belief, Defendant Standard Microsystems Corporation is acorporation organized under the laws of the State of Delaware, with its principal place o business at 80 Arkay Drive, Suite 100, Hauppauge, NY 11788.
PLAINTIFF GORDIUM INNOVATIONS LLC’SCOMPLAINT FOR PATENT INFRINGEMENT Page 1 of 5
 
JURISDICTION AND VENUE
 4.
 
This is an action for patent infringement arising under the Patent Laws of theUnited States, Title 35 of the United States Code.5.
 
This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338.6.
 
Upon information and belief, Defendant regularly conducts business in this judicial district and has committed acts of patent infringement in this judicial district including,
inter alia
, selling and offering to sell infringing products and services in this judicial district.7.
 
Upon information and belief, Defendant has ongoing and systematic contacts withthis judicial district and the United States. In particular, Defendant is incorporated in Delaware.8.
 
Venue is proper in this judicial district under 28 U.S.C. §§ 1391(c) and 1400(b).
COUNT I – INFRINGEMENT OF U.S. PATENT NO. 6,697,385
9.
 
The allegations set forth in the foregoing paragraphs 1 through 8 are incorporated into this First Claim for Relief.10.
 
On February 24, 2004, U.S. Patent No. 6,697,385 (“the ’385 Patent”), entitled “Circuit(s), Method(s) and Architecture for Configurable Packet Re-timing in Network Repeater Hubs,” was duly and legally issued by the United States Patent and Trademark Office. A trueand correct copy of the ’385 Patent is attached as Exhibit A to this Complaint.11.
 
Gordium is the assignee and owner of the right, title and interest in and to the’385 Patent, including the right to assert all causes of action arising under the ’385 Patent and theright to any remedies for its infringement.12.
 
In violation of 35 U.S.C. § 271, Defendant has directly infringed and continues todirectly infringe, literally and/or under the doctrine of equivalents, the ’385 Patent by making,using, selling and/or offering for sale in the United States, including in this Judicial District,
PLAINTIFF GORDIUM INNOVATIONS LLC’SCOMPLAINT FOR PATENT INFRINGEMENT Page 2 of 5
 
networking products capable of providing features claimed in at least claims 1-6 and 14 of the’385 Patent (“the ’385 Accused Products and Services”), without the authority of Gordium.13.
 
The ’385 Accused Products and Services include, but are not limited to, theLAN9311 Ethernet Switch, the LAN9312, the LAN9313, the LAN89303, and the LAN9303,LAN9303M.14.
 
Upon information and belief, Defendant had knowledge of the ’385 Patent at leastas early as the filing of this complaint.15.
 
Upon information and belief, Defendant has committed and continues to commitacts of contributory infringement of one or more claims of the ’385 Patent under 35 U.S.C. §271(c) by selling, offering to sell, and/or importing products including the ’385 Accused Services and Products for the ’385 Patent, knowing or willfully blind, at least as of the date of the filing of this complaint, to the fact that these products and service constitute a material part othe invention, were especially made or especially adapted for use in an infringement of the ’385Patent, and have no substantial non-infringing uses.16.
 
Upon information and belief, Defendant has induced and continues to induceothers to infringe one or more claims of the ’385 Patent under § 271(b) by, among other things,and with specific intent, actively and knowingly, at least as of the date of the filing of thiscomplaint, aiding and abetting others to infringe, including, but not limited to Defendant’scustomers whose use of the ’385 Accused Services and Products constitutes direct infringementof at least claims 1-6 and 14 of the ’385 Patent. In particular, Defendant acted and continues toact with specific intent to make others, such as its customers, infringe by advertising and selling products and providing instruction manuals showing infringing uses of the products and services.
PLAINTIFF GORDIUM INNOVATIONS LLC’SCOMPLAINT FOR PATENT INFRINGEMENT Page 3 of 5

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